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Johnson returns home on a war bond tour shortly after this strike. Lewis is shot down by friendly fire from 2LT Raymond G. With the reopening of the Burma Road still years away, necessary supplies must be flown over the Himalayas from bases in British India. Wedemeyer, fare little better under Chinese corruption as Kai-shek favors preserving his forces for a use against Chinese communists rather than seriously fighting the Japanese.
The portability of V-1 and V-2 launch sites the latter seen here make them difficult to strike before they are moved. Allied intelligence had been aware of this program long before the first V-1 and V-2 missile launches and expressed concern over the possibility of chemical and biological strikes.
While the first V-1 strike takes place on 13 June and the first V-2 strike on 8 September , no V-weapon launch is made using chemical or biological material.
Spaatz bitterly protests, rightfully arguing that heavy strikes against portable missile-sites is a waste of strategic resources. While the severity of the order is toned down, Spaatz is still overruled. Postwar analysis reveals that these strikes were, in fact, ineffective.
What is all the more remarkable is just how typical this feat of engineering had managed to become. This event is directly related to the development of the Boeing B Superfortress. The B represents one of the greatest leaps forward in the history of aviation but does so at a staggering cost.
While most military aircraft, particularly large ones, have a developmental period of years, the B is completed in half that time. Now entering mass-production, B are rolling off the assembly still suffering serious mechanical issues, delaying the delivery of aircraft to combat units.
Engines constantly overheated the defect that killed Eddie Allen , poor quality Plexiglas and XLR cables needed replacing, and weight between aircraft varied wildly due to construction inconsistencies. Worse, the plant had also been tasked by the War Department for production of the Army CG-4 glider in preparation for the invasion of France. Arnold set forth a demand, signing his name on sub-assembly no. The goal was not met.
Meyers of Materiel Command is charged with overseeing production. Johnson suffers a massive stroke visiting the Wichita plant on 13 September Johnson does not survive. These bombs prove to be a failure, with only 42 of those launched actually hitting Cologne, killing 82 and causing minimal damage. Note the difference between the bubbletop fighters and the razorback fighter flying formation-rear. In preparation for the upcoming invasion of France, the US 8AF begins transitioning its fighter groups to Ps the sole exception being the 56FG, who retain their Ps.
The Ps, with their heavy gun package and strong design, are now destined to see heavy usage as fighter-bombers in US 9AF. This shift coincides with the arrival of the first bubble canopy aircraft to frontline units. V, which blew out the rounded edges of the canopy just enough that a pilot could lean somewhat beyond the fuselage for a better view. This increasing sophistication of Plexiglas technology — ever difficult to mold — is what allowed for the final bubble canopy, first introduced by Miles Aircraft of Woodley, then perfected by Hawker Aviation of London in early With the new bubble canopy, a fighter pilot theoretically possessed an unobstructed view of the air around him.
Bubble canopies remain standard on fighter aircraft throughout the world to this day. Eaker center, bald plays in a volleyball match between US and Soviet servicemen at Poltava. Tracers fill the sky on 21 July The failure to defend US bases in Ukraine results in a rejected request for a permanent US fighter garrison.
Soviet leaders refuse to provide adequate security for the US bases and the Soviet refusal to aid in the Warsaw Uprising, which begins on 1 August, only fuels the distrust. This is not realistic as, on average, seven tanker flights over the Himalayas are required for a single operational flight against Japan.
Clark, declares the city of Rome, Italy secure after having liberated it the previous day. Alexander in doing so. By taking possession of Rome, the German Tenth Army was allowed to escape, fighting a defense-in-depth as they dug into the mountainous terrain of Northern Italy. Miller is relieved of duty and sent home at the rank of Colonel. Hurriedly painted, these stripes remain in use throughout the rest of the war, though enforcement of the order eventually relaxes. Poor weather forced the delay of the invasion from May, as planned, to this date.
Following a lengthy push through the surrounding hedgerow country, additional armies are brought in through Cherbourg and the makeshift floating harbors around Normandy: Gerow — the last being an army of occupation. Hodges taking command of US First Army.
These victories elevate McIntosh and Sutherland to ace status, ending the war with 8 and 7 victories, respectively. In reality, this bomber has not been converted to carry a Tallboy, which would necessitate the removal of its bombbay doors. This aerodynamic design allows the bomb to spin toward its trajectory, improving accuracy and increasing speed.
In doing so, the bomb hits the ground at approximately mph, detonating below the ground and maximizing its destructive potential through the resulting shockwave.
They succeed in this endeavor by detonating a Tallboy some 60 ft below ground, collapsing the tunnel and effectively slowing German panzer reinforcements from reaching the Normandy area.
Chinese superstition often sees locals run in front of bombers on takeoff in attempt to ward off demons. Due to a combination of poor weather and training, it is later revealed that only a single bomb hit the primary target.
Wolfe, Wolfe is rather summarily relieved of command on 6 July. Although not recognized by the Japanese, Limber Dugan is the first B lost in aerial combat. APHRODITE is, in essence, an attempt to convert disused bomber aircraft into remote-controlled cruise missiles, the bombers being loaded with some 30, lb of torpex the equivalent of 60, lb of TNT.
First is the wide disparity in progress between Great Britain and the US in the design and use of large-capacity bombs. British aircraft designer Barnes N. Wallis had achieved much success with the Tallboy 12, lb bomb whereas the US possessed neither bombs of similar size or aircraft capable of carrying such bombs.
It is hoped that a similar US cruise missile program could be used to alleviate some of these strategic pressures. A converted B drone. Roosevelt D-NY , was also involved on that operation. Spaatz to terminate the program on 27 January Allied intelligence officers inspect the captured Ju at RAF Woodbridge while an armed guard stands by. Weather had hindered operations and caused many a strike to woefully lack in precision.
Pathfinder aircraft — those bombers equipped with H2X radar — allowed for a more sustained offensive but could only do so at the cost of precision. Bomber pilots who had completed their tours-of-duty were given the opportunity to become fighter pilots, with each air division having a Scouting Force attached to a fighter group for training and protection. In doing so, the scouting forces could call for course corrections and changes in target selection, with preference given to those targets with the clearest visibility.
The new Scouting Forces prove to be a major success and remain in use for the rest of the war. This claim is often disputed as the crash is not caused by gunfire but evasive action. Having completed his tour-of-duty, Gabreski was not supposed to fly this day and is embarrassingly captured by the Germans after his accident.
This is typical of all US 8AF fighter aces. Hanke, navigator on Superstitious Aloysius , is killed by German civilians upon bailing out. Since the Soviet Union is still yet not at war with the Japanese Empire, the crew of the bomber is interned. Rickenbacker, fresh from a recent ditching in the South Pacific, innocently spoke of the bomber while on a goodwill tour.
This became a serious issue in the eyes of Soviet Premier Joseph V. He personally orders Andrei N. Tupolev, recently released from prison, to oversee the replication of the B — coinciding with a massive spy program to create a Soviet nuclear weapon.
The arrival of a relatively intact B proves a god-send, and Ramp Tramp and two later internees are meticulously dissected and studied by the Tupolev OKB.
Kepner is made commander of the 2AD. This shift is part of a larger overall policy of mission specification. These paint schemes usually entail large portions of the wings and stabilizers and remain in place for the rest of the war. This is the first aerial victory ever made by a jet aircraft. Dean downs the V-1 by tapping its wings, destabilizing the V-1 and veering it off course — a common tactic.
Lennartz claims to have downed a Boeing BG of the BG that had dropped from its formation and was strafing river traffic near Stuttgart, Germany. Engbrecht and Gillanders left and center fly most of the war on this Halifax: Dipsy Doodle HX, Squadron. Due to a recall order by the master bomber, only aircraft actually drop their bombs.
With a total of 5. Strike recalls almost never go well and this recall is no exception. Almost as many bombers are lost in accidents as those in action this night, to the extent that three Halifaxes embarrassingly overshoot the runway at Yorkshire, each wreckage ending up mere feet from the other.
After the grand-duke proclaimed that Baden was impartible, and that it would go to his half-uncles, Bavaria and Austria were understandably unhappy, and testy letters were exchanged in see the texts in Klüber's Acten des Wiener Congresses , vol. In the end, however, the disputes were settled by treaties signed in Frankfurt on July 10, , whereby Baden ceded part of Wertheim a territory enclaved within Bavaria to Bavaria, and the succession as settled in was recognized by Bavaria and Austria.
The arrangement was included in the Territorialrecess of Frankfurt of July 20, , which settled within-Germany boundaries left unsettled in Since , Baden and the Palatinate held the county of Sponheim in condominium, with reciprocal succession rights in case of extinction of either house.
In , Bavaria asserted its claims to those lands in case of extinction of the male issue from the first marriage of the margrave Carl Friedrich, saying that it recognized the succession of the issue of the second marriage to the grand-duchy of Baden, but not to the lands serving as surrogates for Sponheim. Abt , n2 disputes that this was a morganatic marriage, on the grounds that Otto had renounced his claim to the principality and settled for an annual income of Gulden before ever meeting Metta von Campe he cites H.
He also notes that Otto II married into the high nobility, as did every one of his children who did marry. Wilhelm left in seven sons, who did not wish to split the patrimony and agreed not to do so in a family compact of They also decided that only one of them should marry, and the lot fell to the next-but-youngest of them, duke Georg.
The brothers succeeded each other in ruling Celle: In the meantime, when the senior line of the house of Welf died out in , the principality of Calenberg which should have been united to Celle under the terms of the pact of was given to Georg. Georg died in before his turn to rule Celle came up. He left four sons: He also left them an unusual will.
He instituted the rule that Celle which his sons were due to inherit from their unmarried uncle Friedrich and his own principality of Calenberg should never be united, as long as there were two males left in his issue. Moreover, he laid down the rule that the elder male should have the right to choose which of the two principalities he wished to rule. His eldest son Christian Ludwig succeeded him in Calenberg, and in , when uncle Friedrich died, he exercised his right to choose and took Celle for himself along with Lüneburg and Grubenhagen, leaving Calenberg and Göttingen to his younger brother Georg Wilhelm.
The other two youngest brothers took up residence in Celle and Hanover respectively. Georg Wilhelm, who liked to travel, became engaged in to Sophia, youngest daughter of the Palatine Elector; but the engagement was broken off in , and Sophia instead married Ernst August, the youngest of the brothers, who was due to receive Osnabrück under the alternating arrangement created for that bishopric by the peace of Westphalia he did so in At the time, the other brothers were unmarried, and Georg Wilhelm promised Ernst August that he would never marry, so that all family lands could be reunited at the next generation.
This promise, made on April 11, the text is reproduced in the Memoirs of Electress Sophia was merely replicating the pact between the brothers at the previous generation. When the eldest Christian Ludwig died in , a dispute arose when Georg Wilhelm decided to exercise his right to choose Celle, and the 3d brother Johann Friedrich.
An agreement was reached in at Hildesheim, whereby Georg Wilhelm received Celle, Diepholz, Hoya, Schauen and Walkenried [the last two received at the peace of Westphalia], and Johann Friedrich took Calenberg, Göttingen and Grubenhagen; the three surviving brothers also decided to abolish the right to choose created by their father's will. Schauen was ceded to the prince of Waldeck in In , upon the extinction of the house of Saxe-Lauenburg, Georg Wilhelm took possession of Lauenburg as president of the circle of Lower Saxony under the pretext of forestalling threats to the public peace from the various contestants, and later in his own name on the basis of a family pact of the claims of electoral Saxony were bought off in When the 3d brother Johann Friedrich died in without male issue, his estates passed to the youngest brother Ernst August.
Ernst August, in , obtained the consent of his older brother Georg II Wilhelm to the introduction of indivisibility and primogeniture by testament of , approved by the Emperor on July 1, thus putting an end to the provisions of Georg's will of With the death of Georg Wilhelm in all estates of the house of Brunswick-Lüneburg were again united in the hands of Ernst August's son, never to be separated again.
Their only child, Sophia Dorothea , was soon after engaged to her cousin August Friedrich of the elder line of Wolfenbüttel, but was killed in battle in She ultimately married in her first cousin Georg Ludwig of Hanover, son of Ernst August, and accordingly took the title of duchess of Brunswick in her own right.
Their male-line descent includes the kings of Great Britain to and the royal house of Hanover male and female-line descendants include almost every royal family in Europe. The marriage ended tragically Sophia Dorothea's lover, Philipp Christoph Graf von Königsmarck, was murdered on July 1, and she was locked up in the castle of Ahlden for the rest of her life; the marriage was dissolved on Dec 28, Sonderbahre Geschicht dieser Zeit. Additional details in Allemagne Dynastique 3: A curious item in the Gazette d'Amsterdam , , n.
Landgrave Ernst von Hesse-Rheinfels had two sons by a countess of Solms and a number of grandchildren when he was widowed in He remarried on 3 Feb to the year old daughter of a non-commissioned officer, named Alexandrine von Düriczell [Dürnizl].
The marriage contract describes her has born of the patriciate of Straubingen in Bavaria, and mentions that her father had distinguished himself at the battle of Cochem 25 Aug She took the name of Madame Ernestine see the similar name taken by another morganatic wife. Her entire household consisted of a chamber-maid, a wash-maid and a valet. Her dowage, instead of a standard 3, Thalers, consisted of an annual rent of Thaler; any children born of the marriage of which there were none were to be neither princes nor counts, but counted as part of the nobility of Hesse.
Her father Johann Franz had served as captain in an Austrian cavalry regiment, and later as Hofmeister at the court fof Plön.
Later that year, a contract 24 Nov was concluded between Christian Carl and his elder brother Joachim Friedrich. The text explained Christian Carl's intention to conserve the house of Norburg and avoid the division of its estates among many children.
It stipulated a 40, Thaler lump-sum payment to Christian Carl's widow and suspension of the rights of the issue of that marriage to any of the family fiefs until extinction of the male line of Joachim Friedrich. The king of Denmark approved the contract on 5 Dec and granted to the issue of that marriage the name of von Carlstein and a specific coat of arms. Later the same year, on 4 Nov, the Holstein-Plön line died out and Joachim Friedrich inherited the imperial fief of Plön.
The tutors of young Carlstein, appointed by the king of Denmark, made claims but were rebuffed in and in imperial courts. On 25 Jan Friedrich Joachim died, leaving only daughters and a pregnant wife who gave birth to a daughter. The next male-line heir, after Carlstein, was Johann Ernst Ferdinand duke of Holstein-Rethwisch, whose father had entered Spanish service and converted to Catholicism; he immediately claimed the Norburg-Plön succession in Imperial and Danish courts.
The duke of Holstein-Rethwisch sued, Carlstein counter-sued, and the matter dragged on for years in part because imperial courts refused to countenance young Carlstein's self-style as "duke of Holstein" until past the death without male heirs of the duke of Holstein-Rethwisch in , whereupon Carlstein inherited Rethwisch as well.
Moser says that such suspensive clauses in morganatic marriage contracts were not in common use in Germany until then, and sees a number of reasons why, in this particular case, Friedrich Carl von Carlstein was able to reclaim his status, essentially because the contingency extinction of the senior line of Norburg occurred soon after the pact, so that Carlstein's failure to use his father's titles and rank could not be grounds for prescription since he was a minor and he had not yet gone into a marriage that could have cast doubt on his ducal rank.
In other words, had the status of the morganatic issue remained inferior for a much longer period, it would have been difficult to have the clause of the marriage contract applied after the extinction of the senior, princely issue. But Moser is well-disposed toward such clauses and argues that an imperial law should be passed to provide a firm ground for them. He also says that, at a minimum, anyone considering such clauses should make sure he secures the consent of the Emperor and of the agnates.
They had three children who died in infancy. In the Usingen branch, Karl , widowed of a duchess of Saxe-Weimar-Eisenach, married morganatically around Maria Magdalena Gross , daughter of an apothecary and of the daughter of the mayor of Wiesbaden. Friedrich had met in Clara Tott [sometimes written Tettin, Dettin or Tettingen] in Augsburg, the daughter of a Ratsknecht , and had brought her to live with him in Heidelberg.
She was the mother of his two children Friedrich and Ludwig b. At his death in he had left four cities and three castles to his surviving son Ludwig of Bavaria, but the vassals refused to recognize him as overlord, and he had to make do with the lordship of Scharfeneck.
Philipp succeeded his uncle in , and recognized Ludwig as legitimate Klüber , ; he also gave him the county of Löwenstein in [it had been bought from Würzburg by emperor Rudolf in and given to his illegitimate son Albrecht von Schenkenberg; the last of that line had sold it to the elector palatine], and on 27 Feb Emperor Maximilian I made Ludwig an imperial count, as Graf von Löwenstein cited in Moser, 2: He had first married in Luise, Duchess of Mecklenburg-Strelitz , by whom he had four sons and three daughters.
The full text of the edict signed on the same day by the king is here German original and English translation. Was the marriage unequal? The question is not an easy one. The first point is to determine what the rules were in the Prussian royal family; the other is to determine what rank the spouse had before marriage.
The Hohenzollerns margraves of Brandenburg never had a single written house law. Moreover, the collection of pacts and testaments which formed the house laws of the family contain no specific clause concerning equality. The practice of the house was clearly to apply high standards to marriages. In the descent of Elector Johann Friedrich d. The margraves of Bayreuth ext. Christian Heinrich of Bayreuth married in Sophie von Wolfstein, whose family had acquired the immediate lordship of Sulzbürg and been created counts in ;Sophie of Brandenburg-Bayreuth married in prince Alexander of Thurn-Taxis, who had bought the immediate lordship of Eglingen in , thus gaining seat on the bench of Swabian counts, and would be admitted as prince with individual vote in his sister married the duke of Wurttemberg, whence the royal house of Wurttemberg.
As to the spouse, Schulze , 1: The reason is that the Harrach, an Austrian family with possessions in Bohemia, were created imperial counts in , but were not parts of the Reichstag until their reception on the bench of Swabia on July 6, , and this without owning an immediate territory of sufficient importance to satisfy the legal requirements.
They were "personalists," sitting at the bench in their personal capacity rather than by virtue of a territory. A number of writers did not consider such personalists as being reichsständisch. Thus Schulze considers that marriages of the Prussian royal family with personalist counted "keineswegs unzweifelhaft" in no way beyond doubt as equal.
He does not state, however, that Auguste von Harrach was clearly unequal either: Furthermore, Auguste belonged to a junior branch of the family, descended from Otto Friedrich d. It was the elder branch, descended from Karl Leonhard d. It was the head of the elder branch who received in Austria in six years after the marriage the qualification of Erlaucht pursuant to the German Confederation's decision of conferring such treatment to mediatized comital families.
Auguste was 5th cousins once removed with the head of the elder branch. On the details of the marriage, see Treitschke: Deutsche Geschichte in Befehlen Ihnen demnach, bey Unserm harten Fluch und väterlichen Unsegen, hiemit nachdrücklich an, sich an keine andere als Fürstliche, oder wenigstens alte Reichs-Gräfliche, Häuser und Familien zu verheurathen: Ob er sich aber mit einer mindern und niedern Person verheirathen würde; überkäme er dann bey derselben Kinder , wenige oder viele; so sollen die an seinem Theile Landes, noch an der Herrschaft Würtemberg keinen Erbtheil haben, empfangen, noch überkommen in keinem Weg, ungefährlich.
The literature on unequal marriages is vast Abt mentions references ; what follows is a selection, of which I have myself seen only a part those books I have seen are marked with an asterisk.
Doctoral dissertations on the subject of unequal marriages are particularly abundant in two periods: The revival in interest in the subject in the second period no doubt stems from the series of cases Lippe, Nassau which made the subject both topical and of practical import. Some dissertations show a certain lack of maturity. Legal briefs Rechtsgutachten were produced and published throughout the 18th and 19th c. I have grouped together briefs and journal articles that relate to specific cases.
The "heavyweights" in the late 19th c. Hauptman's theses were strongly disputed by Rehm and Abt among others. I have relied mostly on Zoepfl for an overall view of the Holy Roman Empire and the law of princes, on Rehm and especially Abt for equality requirements, and on Moser and Pütter for numerous examples and citations. The bibliography for pre works is drawn from Moser and Pütter; I have tried to verify the bibliographic data using online library catalogs such as that of Tübingen.
Moser and Pütter were the pre-eminent jurists of the Holy Roman Empire in the late 18th century, and Zoepfl was the pre-eminent jurist of the German Confederation Digital library of the Max-Planck-Institut für europäische Rechtsgeschichte mostly private law online catalog of the Tübingen university library.
Unequal and morganatic marriages 1. Examples of unequal marriages and mismarriages table of contents 4. Examples of morganatic marriages table of contents Appendix 1: Examples of equality requirements in house laws Appendix 2: They represent an important aspect of dynastic and succession laws in German dynasties.
The approach I take is legal-historical: I want to understand these concepts as legal concepts in their historical context. Rules on marriages in European royalty From the late 18th c. The rules varied in their requirements and in their effects, making contravening marriages either null or else imperfect.
They have in common that, in almost all cases, they were written rules edicted by a sovereign. Concerning these marriage rules, Germany's history is unique for several reasons. This division later evolved as in other European societies with the emergence of urban residents burghers and the transformation of serfs through emancipation into plain peasantry in the 12th and 13th c.
Where Germany differed from the rest of Europe was in the further distinction between the upper and the lower nobility Hochadel, Niederadel. Whereas in most other European societies, the king stood alone at the apex of the feudal society, distinct from the nobility and the commonalty, in German's fragmented political constitution, sovereignty was shared by dozens of noble families, which together constituted a distinct stratum of the nobility.
In German law, this distinction was almost as important as that between nobility and commonalty. State of the Empire Reichsstand The special status of these families manifested itself in the constitution of the Empire as it evolved in the 16th c. Please see first a general presentation of the constitution of the Holy Roman Empire.
To the status of territorial ruler corresponded a seat and vote in one of the colleges of the Reichstag , the Imperial Diet. In the late 16th c. After the Diet held at Augsburg in , the list of votes remained fixed, notwithstanding further territorial divisions. Furthermore, the right to vote became attached to a land, rather than to a person or family of course, land was inheritable within families.
A member of the Diet with seat and vote individual or shared was called a Reichsstand, or state of the Empire. At some point Abt , n2 cites various possible dates, from the turn of the 16th c. The reason is that the Emperor, as "fons nobilitatium," had the power to create new princes, counts and barons of the Empire, a power which he began to use more frequently. The existing princes, counts and barons were obviously loathe to see the value of their title diminished. The members of the Diet complained and, after , it became the rule that such new princes and counts would not of right have a seat at the Diet.
In particular, any new member had to possess an immediate territory of sufficient size, and had to be accepted by his peers princes or counts. Thus a distinction emerged between families that were part of the Diet in Those in the third group were titular counts and princes but in no way accepted as part of the Hochadel.
Thus it would seem that having seat and vote in the Reichstag would be a clear criterion for belonging to the Hochadel. But there were further complications: In principle, the possession of a territory was a pre-condition for admission in the Diet. However, in the second half of the 18th century a number of counts sat on the counts' benches without any such territory.
They were called "personalists" because they had been admitted on a personal basis ad personam , and some jurists did not consider them to be part of the upper nobility e. Possession of a large immediate territory was a condition for entry, but not a condition for remaining in the Diet. It happened that territories became subjected to another state of the Empire, thus losing immediate status; yet the owner remained in the Diet. Consequently, whereas, in the 16th century, it was fairly easy to say who was in the upper nobility and who wasn't, it had become more difficulty by the turn of the 19th century.
Three concepts came into play: The three were "usually" related, in that the sovereign of a territory was a state of the Empire, and a state of the Empire usually had sovereignty over an immediate territory; but there were exceptions both ways. Various authors emphasized one or a combination of these elements.
Among 19th century authors, the main division was between those who required all three criteria , and those who considered Reichsstandschaft to be the sole criterion Hohler, Klüber, Zoepf, Rehm. Imperial knighthood Reichsritterschaft The imperial knights Reichsritter formed the Imperial knighthood Reichsritterschaft or Imperial nobility Reichsadel , a hereditary class that stood in between upper and lower nobility.
Concentrated in southwest Germany Swabia, Franconia, Rhine valley, Alsace , in particular the ancient possessions of the Hohenstaufens, they were never considered part of the upper nobility, but they did have a limited special status, being immediate vassals of the Emperor, thus not part of the local nobility, and winning in the 17th c.
They frequently intermarried with the comital families. By the end of the Empire, there were about families of imperial knights. Lower nobility Niederadel The rest of the nobility consisted, by definition, or people who were neither territorially sovereign nor immediate vassals of the Emperor.
They were therefore vassals of someone else e. They enjoyed nobiliary privileges under local law, as did nobles elsewhere in Europe, but their legal status within the Empire was nothing like that of the upper nobility.
A distinction could also be made depending on how many ancestors of a given person had been nobles themselves. One could examine the person's grandparents 4 ancestors , or great-grandparents 8 , or great-great-grandparents 16 and require that they all be nobles.
Such degrees of nobility were called Vierahnenadel , Achtahnenadel , Sechszehnahnenadel. Nobility proofs Ahnenprobe of this type became common from the 15th c. Unequal marriages and morganatic marriages 1.
Yet it is clear from the legal literature that the two were originally quite distinct concepts. I follow here the definitions given by Zoepfl In particular, it is an unequal marriage in which the inequality between the spouses by law deprives the lower-ranking spouses and her children by that marriage of the full legal effects of marriage. An alternative would be to resurrect the English noun "disparage" in its original sense " Inequality of rank in marriage; an unequal match; disgrace resulting from marriage with one of inferior rank" OED2.
All three are sub-species of marriages, but they do not coincide. Notice how the concepts fail to overlap exactly: Depending on the context particularly the historical period , yes or no.
There is, of course, a gigantic literature on this question. Notes from Zoepfl Häberlin: Some opinions cited in RGZ 2: Pütter , ; Eichhorn , deutsch. Hochadel and Niederadel unless explicitly forbidden is equal: Heffter Beiträge zum deutschen Staats- und Fürstenrecht I: Pözl die Comptenzfrage in dem Bentinckshen Successionstreite p.
Zöpfl über hohen Adel u Ebenbürtigkeit p. The rules of German law originally prohibited marriages between free and unfree; later, under the influence of Church law which allowed such marriages, they became accepted as marriages, but with the consequence that the children had the status of their unfree parent.
But, within the class of free people, customs make no distinction as far as marriage is concerned between nobles and simple free Abt In particular, the 13th c. Sachsenspiegel explicitly states that a woman's son can be of higher rank than she is I. Abt , 62 concurs and conjectures that this later, less reliable compilation reflects misunderstandings as to the meaning of these words; other passages show that the author used the term Mittelfrei at times to designate free men, at other times to designate ministerials.
Abt , cites one exception: Also, it seems that some feudal laws on inheritance of a knight's fee required four grandparents of knightly rank to inherit. In the 15th century one sees the first appearance of house laws containing rules against marriages outside of the upper nobility.
In Johann von Isenburg-Limburg d. Although he was a dynast of the upper nobility, the fief he was restricting was not an immediate territory, and the clause was specific to his children, not a general rule. But it represents an early example of the trend. The first actual examples of house laws making such prohibitions are the successoral pacts of the counts of Werdemberg and Heiligenberg in and approved by the emperors Friedrich III and Maximilian I ; they specified that only legitimate sons of "grafynen oder frynen" countesses or baronesses would be entitled to succeed.
In , a ruling by the emperor on a long-running dispute between the Stuttgart and Urach lines of the counts of Württemberg prescribed that Eberhard VI, should he remarry, should do so only "mit ainer die sin genoss ist", but if he should marry "mit ainer myndern und nydern person" the issue would have no succession rights.
In the second half of the 16th c. The rules that were adopted varied considerably, however: Some rules forbid marriages with persons of lower rank Wittgenstein Others prohibit marriages with the lower nobility will of Viktor Amadeus von Anhalt-Bernburg, Finally, some expressed a preference for equal marriages but allowed marrying for money landgrave Ludwig V of Hessen, will of , told his sons to marry with "solche Personen und Örter The consequences of the marriage also varied.
Usually the issue was deprived of all rights, but not always count Johann zu Nassau-Katzenellenbogen, will of In some families those contracting the unequal marriages themselves saw their rights restricted or taken away Schenken von Limburg , Leiningen It is generally accepted that the sources of the private law of princes are, in that order: The first two pertain to the family under consideration that of the bridegroom , the third pertains to all families of the upper nobility collectively.
If the first two are silent, then the third comes into play. The doctrine was consistent, but against equality requirements, and practice was far from uniform.
Thus, common law provides little guidance except in the most clear-cut cases. Doctrine Here I follow Pütter's very useful, albeit sometimes biased, discussion of the literature. In the 16th and 17th c. The only question of dispute is whether the spouse is entitled to the rank of her husband without imperial intervention. Petrus am Andlau, doctor of both laws and canon in Colmar, wrote ca. He considered that morganatic marriages were only valid in Milanese custom and for widowers.
Regner Sixtinus and Hermann Vultejus and Sixtin, both professors in Marburg, argued probably in the s that a non-noble was ennobled by marrying a noble and their children were noble, by general custom generali consuetudine. Georg Obrecht argued that the son of a duke or count did not suffer from being born of an unequal mother De regalibus , Strasburg , thes. Johann Georg Becht did contradict this opinion in passing, saying it was disroved by "notoria experientia" de securitate et salvo conductu , Basel , p.
Tractatus de regalibus , Tübingen: Stuttgart , 3d ed. Consilia Tubingensia , vol. In addition, Zoepfl , 1: Indeed, Pütter has a hard time finding any contradictors in this period. Christoph Lehmann Speierische Chronik , Frankfurt , p. One jurist, Bernhard Bertram d. De comitiis Imperii Romano-Germanici Basel, argues in his dissertation that children of unequal marriages cannot succeed to their father's vote and seat in the Reichstag, on the basis of a clause in the Reichtag's Regimentsordnung of a conclusion which Pütter admits is rather dubious and the practice of Stifter requiring nobility of father and mother.
Pütter admits that these arguments are presented more for the purpose of debate than as decisive. At any rate, this dissertation presented at Iena in prompted a strong response in the form of Georg Schubhard whose dissertation De austregis hoc est privilegiatis instantiis ordinum S.
Imp Basel, countered with the examples of imperial elevations of spouses, and cited an army of writers from Pfeil to Josias Nolden. The first printed work expounding a legal theory on mismarriages, in the form of a legal opinion on a particular case, is Salmuth The work is, according to Pütter, very long and full of digressions.
His work was extremely influential, and his conclusions followed closely in their general treatises by a number of jurist many cited in Moser: De summa imperatoris romani potestate circa profana. Johann Friedrich Rudiger, Juris [Iuris] Publici Prudentia Compendio exhibita. Others were more cautious: One of Ehrenbach's followers was Feltman , whose work was written in the context of the Zelst case. He argues, as most of the literature on the period did, that a morganatic marriage could later be declared equal unilaterally by the person who contracted it.
The Weede , Eichelberg , Witzleben cases were the occasion of various anonymous pamphlets; one was by Johann Nicolaus Hert Pütter credits an "enlightenment" spreading our of Halle for the emergence of a group of writers reacting against the Mylerian thesis: Ludolf , Struve , Gundling , Ludewig all posited a fundamental differece between upper and lower nobility, with legal consequences for the issue of unequal marriages.
The Wuthenau case prompted an opinion of the Wittenberg faculty, drafted by Johann Balthazar Wernher Several works were written asserting the equality of the imperial knighthood: Estor , Kopp , Wolfart From the rest of the rather unequal literature on unequal marriages, Pütter cites Mannsbach who follows mostly historical examples from comital families to conclude that marriages of princes with imperial knighthood are not unequal; Estor , Gonne Bauer asserts that for princes, unequal marriages are mismarriages, but the issue cannot be deprived of a residual right in case of extinction of the issue of equal marriages; for counts, he allows the opposite rules of Roman law to prevail.
Pütter Johann Jakob Moser and Johann Stephan Pütter were the most prominent jurists of public law in 18th c. Moser trained at Tübingen where he became professor at age 19, moved in to Frankfurt-an-der-Oder but quit in because of differences with the Prussian king. The rest of his life, aside from a judicial position in Württemberg where his principles landed him in jail, were devoted to the compilation and study of materials relating to German public law, the result being two colossal collections, volume Teutsches Staatsrecht and the volume Neues Teutsches Staatsrecht.
He is called the "arch-publicist" of the Old Empire and the father of German public law. Moser begins with a bibliography of the literature up to his time, then collects examples of mismarriages, morganatic marriages, and then describes the legislative history chiefly the capitulation of He then turns to his own thoughts on the matter He begins by stating that the question is not what is right, or what should be, but what the law is.
There is no modern imperial statute, otherwise there wouldn't be any debate. People have turned to various sources.
Some have looked at the laws of Merovingian and Carolingian times, and to medieval law Schwabenspiegel, Sachsenspiegel. But those laws are not applicable to the present time, and their exact tenor is uncertain. But the question at hand is specific to Germany, and its peculiar constitution and gradation of the nobility. Finally, many have more recently turned to German customs and practices as a source.
Some have only considered what customs were in force in medieval times, when the various categories of the German society were not allowed to intermarry. But it is far from clear to what these categories correspond in the 18th century, and in this as in so many other things the German constitution can well have changed tempora mutantur et nos mutamur in illis.
Another method is to consider modern precedents, but only in cases of tournament requirements, membership in chapters, etc. But it is difficult to find any guidance among the extreme diversity of requirements among the chapters of spiritual states of the Empire, ranging from no nobiliary requirement to 16 quarters.
Furthermore, the rank as state of the Empire and the precedence of the bishops elected from among these canons has nothing to do with the entry requirements into the chapter. And it is well known that admission into the Reichstag is not conditional on producing any pedigree: Die Verteilung erfolgt über eine legitim erscheinende Porno-App.
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